Here are the answers to some Frequently Asked Questions about the judicial system.
1. HOW THE CIVIL JUSTICE SYSTEM WORKS This is a brief general overview of our civil justice system. The laws of each state vary, including the steps one must take to preserve one's right to bring a claim against the responsible person or entity. Personal injury and wrongful death claims can arise from many causes, including defective products, industrial accidents, the negligence of professionals, exposure to toxic substances, trucking and motor vehicle accidents, and accidents on the property of another. The part of our courts that handles these claims is called the "civil" justice system, in contrast to the criminal justice system that prosecutes crimes. Claims of injured workers against their employers are generally handled in special administrative proceedings. Generally, if you are injured because of the negligence or wrongdoing of another, you may be entitled to bring a claim against that party. If a member of your family is killed, a person may need to be appointed to bring that claim. The injured person who brings a legal action is called the plaintiff, and the party who is claimed to be responsible for the injury is called the defendant. The legal action must be filed with the court and served on the defendant in the time provided by law. This time may vary depending upon where the accident occurs, what law applies, and who the defendant or plaintiff is. There are also many exceptions to the general rules; in any specific case, it is best to consult with an attorney. A jury of one's peers generally decides whether the defendant is responsible for the injuries, and if so, the amount of money damages that should be paid to fairly and reasonably compensate the plaintiff for his or her losses. Compensation may be given to cover such losses as medical bills, lost wages, disability, and pain and suffering. Occasionally, exemplary damages may be awarded to punish a defendant who was guilty of wanton misconduct -- an aggravated disregard of the rights of others. The jury also may determine if the plaintiff contributed to his or her own injuries. The outcome of such a case will vary depending upon the applicable law. In most states, the damages may be reduced in proportion to the plaintiff's fault. In Oregon, if the plaintiff's fault was greater than the defendant's, the defendant generally wins the case. The right to trial by jury is an important right, protected by the United States Constitution. Recent efforts by some insurance companies and mega-corporations have resulted in artificial limits or caps on the amount an injured person or the family of a wrongfully killed person can recover, regardless of the nature or severity of the injury or the amount of the loss. In some states, courts have found such caps on damages to be unconstitutional. 2. DANGERS OF DELAYING IN PROTECTING YOUR RIGHTS It is important for you to know that any claim you may have must be filed within a limited period of time. This time period may vary, depending upon the law (statutes of limitations) that applies to your situation. If your claim is not filed before that time runs, you will not be able to pursue it further. In addition, in some instances, even before you file a lawsuit you may need to notify the other party or entity of your injury within a specified period of time. This time may be shorter than the time in which an action must be filed with the court. Examples of these additional notice requirements include, but are not limited to, giving notice to local, state, or federal public entities or to specific private parties. Private interest groups lobby legislatures for laws limiting their liability and these laws may cut-off your rights if you are not aware of them. Notice must be timely and be given in such a manner so as to comply with any specific state or federal law that applies to your claim. An attorney can advise you how to preserve and pursue your rights. Because time limits can apply to bar a claim completely, it is important to seek legal advice early. In addition, your attorney may want to begin investigating your claim while the physical evidence and recollection of witnesses are still fresh. 3. HOW TO HIRE AN ATTORNEY For any injury that is the fault of another person or entity and which results in substantial medical bills, significant wage loss, or long-term pain, limitation, or disability, it is generally advisable to consult with an attorney. Hiring a lawyer can be confusing. If you think you may have a personal injury claim, consult with an attorney who is experienced in handling such cases. Attorneys who do a significant amount of personal injury work are usually willing to have a free initial meeting and to work on a contingent fee basis (no attorney fee unless you recover money). Use your good judgment in selecting an attorney. Ask others about the lawyer's reputation. Find out if he or she is a member of the Association of Trial Lawyers of America or the trial lawyers association in his or her state (for example, the Oregon Trial Lawyers Association). Meet with the lawyer personally to see what you think, and don't feel pressured into signing a retainer agreement. If you are considering hiring an attorney, you may want to consider the following things:
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